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(영문) 광주지방법원 2021.01.20 2020고단4883
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around May 31, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into a public use place for sexual purposes) infringed on a female toilet located behind a restaurant with the trade name of "C" located in Gwangju Mine-gu, Gwangju, in order to take a photograph of melting a boom, and infringed on the said toilet at a public use place used by unspecified majority for the purpose of meeting his own sexual desire.

2. Around May 21, 2020, the Defendant, at around 21:40 on May 31, 2020, entered the victim D (names, 24 years of age) into the female toilet as stated in the above paragraph (1) and entered the above toilet. In accordance with the above toilets, the Defendant taken pictures of the body of a person who may cause sexual humiliation or humiliation using a camera, by photographing the front section of the Defendant’s mobile phone with his/her fingers in a state where the victim functions as a camera of the Defendant’s mobile phone, while playing the Defendant’s cell camera function.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Infringed places for sexual purposes, Selection of Imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (in cases of taking photographs, such as cameras, and selection of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The confiscation order and notification order of personal information disclosure pursuant to Article 48(1)1 of the Criminal Act, the age, occupation, risk of recidivism, motive, method, seriousness of each of the crimes of this case, disclosure order, notification order, and employment restriction order of the accused.

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